cannabisnews.com: Probation Likely in Marijuana Case





Probation Likely in Marijuana Case
Posted by FoM on November 19, 1999 at 22:10:17 PT
Plea Deal for Parents Turned In by Daughter
Source: Washington Post
The Takoma Park couple whose teenage daughter turned them in to police for growing marijuana in the basement each will plead guilty to a single misdemeanor, according to a plea deal outlined in court records.
The agreement, which is scheduled to be reviewed in court next month, would mean probation and no jail time for Robert Jason Alvarez, 54, and his wife, Katherine Marie "Kitty" Tucker, 55.But a number of issues remain unresolved for Alvarez, who lost a senior policy job at the U.S. Department of Energy over his August arrest, and Tucker, a nationally known anti-nuclear activist whose attorneys say she used the marijuana for medical purposes.The family is fighting for the return of two computers confiscated by the FBI and to ensure that their sentences will not be on their criminal records. But most importantly, their attorneys say, they want to sort out what happened and heal the family's wounds."It's been a hair-raising experience," said Steven Kupferberg, of Rockville, Tucker's attorney. "The family is doing as well as they can with that, considering the 300-pound gorilla in the living room."Kupferberg was referring to a condition of the couple's release on bond that specified that Kerry Tucker, 16, may live with her parents--provided there is no family discussion of the marijuana arrest or events leading up to it. A judge initially had ordered that the teenager could not reside in the family home.Defense attorneys are assuming that the restriction, put in place in September, will be lifted Dec. 14, when Montgomery County Circuit Court Judge DeLawrence Beard reviews the plea agreement and imposes sentences.Kupferberg would not elaborate yesterday on what compelled Kerry Tucker to inform police about the marijuana at the family's Kennebec Avenue home."Everyone has their problems. Kerry's are educational and emotional, Kitty's are medical, and Bob's are to try and support the family," Kupferberg said.The couple's Aug. 30 arrest came after Kerry Tucker went to the Takoma Park Police Department to report that her parents had been growing marijuana in the basement. The teenager brought police photographs of the plants.When police officers searched the home Aug. 19, they found 69 marijuana plants in varying stages of growth, basement grow lights, tools for growing plants and books on how to grow marijuana.Police also found marijuana in canisters and wooden boxes in the master bedroom, as well as marijuana pipes and rolling papers and other paraphernalia. They said the smell of marijuana was detectable from the front door. Tucker's attorneys have said she used the marijuana to relieve the pain of severe migraines and fibromyalgia, a chronic disorder that causes muscle pain.Alvarez was suspended and then fired from his job as a senior policy adviser at the Department of Energy.Tucker, an attorney, was deeply involved in publicizing the case of nuclear power whistleblower Karen Silkwood. Tucker continued to be active in anti-nuclear issues.Under the plea agreement, which was detailed in court papers filed Nov. 3, Alvarez will plead guilty to a misdemeanor charge of marijuana possession, which carries a maximum penalty of one year in jail and/or a $1,000 fine. The state agrees to dismiss a charge of attempted manufacturing, according to court documents.Tucker, under the agreement, will plead guilty to attempted propagation of marijuana, which carries a maximum penalty of five years in jail and a $15,000 fine.The state agreed that neither Tucker nor Alvarez would serve jail time.The couple originally had faced felony charges of manufacturing and conspiring to manufacture marijuana.Both Bennett and Kupferberg plan to ask for a sentence of probation before judgment, meaning there would be no record of the conviction provided there are no violations for the duration of the probation. Prosecutors will oppose that effort, the documents say.Kupferberg is seeking the return of items (two computers, a printer and some disks) seized by the Takoma Park police and handed over to the FBI.Carol Bannerman, a police spokeswoman, said they routinely send computers for analysis to any of several laboratories, including the FBI's, in cases of alleged manufacture of illegal drugs. By Fern ShenWashington Post Staff WriterSaturday, November 20, 1999; Page B01 © Copyright 1999 The Washington Post CompanyRelated Articles:Md. Parents Want Teen Tipster Back Home - 9/07/99http://www.cannabisnews.com/news/thread2794.shtmlMd. Couple Arrested on Marijuana Charges - 9/04/99http://www.cannabisnews.com/news/thread2748.shtml
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Comment #3 posted by hempity on November 20, 1999 at 21:27:06 PT
 hitler, would have been happy
Hiya Folks,Seems to not be going well for the family in the lower 48, it is hard to imagine so much pain. She might have figured that she had to leave home in two years anyway, aren't kids kicked out of the nest at eighteen? Maybe this needs to be looked at?"The government that can give you everything, can also take it away", heard that somewhere.Mitaoyate,Hempity
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Comment #2 posted by kaptinemo on November 20, 1999 at 15:35:45 PT
Another sad example of lost freedoms...and trusts
Besides the personal tragedy that awaits these people (particularly the girl, whose spite has cost her more than she can possibly comprehend)it is an example of just how far we have gone as a society, when we allow these kinds of things happen.As messy and disgusting politics is, it is the only way, short of a civil war, that will change these odious laws. Get active!
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Comment #1 posted by Scott on November 20, 1999 at 07:29:20 PT:
Well little girl, you screwed everything up!
I wonder if the little girl had any idea how screwed her and her family would become once she narc'd them out to the police. Oh well, now neither parents have jobs and might not get decent jobs again. Maybe she'll be taken by DSS and get placed with a foster family, maybe then she will learn how stupid her mistake was.
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